We have our own for your article. Criminal
The Pravoberezhny Court of Lipetsk began a process on charges of the editor of the newspaper "Lipetsky Bazaar" Yevgeny Federyakin of committing a crime under Art. 319 of the Criminal Code of the Russian Federation "Insulting a representative of authority." In the role of the offended - Governor Korolev.
They say that the prosecutor's office of Lipetsk, initiating this criminal case, has been looking for an appropriate precedent for a long time. However, nothing of the kind was found, not only in the Lipetsk region, but also in the endless expanses of the entire Russian Federation. But after all, someone needs to start mastering this unpopular article of the Criminal Code! Here they furrowed the virgin soil.
The popular weekly "Lipetsky Bazaar" will not leave indifferent anyone who has read this newspaper at least once. It's like a pop star: you either love it or hate it. Biting, one might say, merciless to the corrupt authorities, the newspaper has many fans among the townsfolk and causes active hostility among the authorities. Among the latter is the head of the regional administration, Oleg Korolev.
In particular, Oleg Petrovich was extremely outraged by one of the publications called “Fear of Victory”, the author of which Andrei Shishkov questions the business and moral qualities of the head of administration and expresses doubt that he should be trusted to “rule” the region for another four years.
For example, the author writes about the position of the governor, who did not express his opinion in any way, when, on the anniversary of the October Revolution, a model of the Russian tricolor was burned before his eyes in the central square of the city. Shishkov especially did not please the governor with this phrase: “Well, what if he is the living embodiment of dullness, unscrupulousness, demagoguery and cowardice?”
In a statement to the prosecutor's office, the victim says that this statement caused him significant moral harm, “which resulted in undermining my authority as the head of the Lipetsk region, since all my activities in this position are aimed at protecting and defending the interests of the inhabitants of our region, promoting social programs , protecting the underprivileged."
An interesting fact: as follows from the governor's statement, he applied to the Lipetsk prosecutor's office on November 23 last year, but the prosecutor's office opened a criminal case ... a day earlier! Do they really guess the train of thought of the head of administration?
Be that as it may, the judge of the Pravoberezhny Court of Lipetsk, Ekaterina Maistrenko, accepted criminal case No. 020120430 for consideration. The defendant's lawyer Vladimir Gevorkyan (by the way, for some reason, the editor Federyakin, and not the author of the publication, is in the dock), having read the indictment, immediately made several motions. Firstly, he expressed distrust both to the representative of the state prosecution and to the court, since, as he believes, the judicial authorities located in the territory of the region cannot be objective in hearing a criminal case where the current governor is the victim. The lawyer asked to transfer the process to any of the courts located outside the region. Secondly, the defense petitioned for an independent philological and linguistic expertise to be carried out in a center with such an opportunity at the editorial office of the Russkiy Yazyk magazine, published in Moscow. Vladimir Gevorkyan also considered it impossible to hear the case without the presence of the victim.
Representative of the prosecutor's office Mikhail Khrenov, who supports the prosecution in the process, considered the first petition unfounded, and the second premature, but was not opposed to the presence of Oleg Petrovich or his representative at the trial. The court, having rejected the first and second motions of the defense, agreed with the third. And adjourned the meeting.
“There can be no criminal case on this publication,” Yevgeny Federyakin believes. - The maximum that the governor had to do was to file a civil suit for the protection of honor, dignity and business reputation.
According to the lawyer, the prosecutor's office, by starting a criminal prosecution of the LB editor, did a disservice to the governor. The prosecutor's office was not supposed to conduct a preliminary investigation at all, since this is the sphere of authority of the bodies of inquiry. In addition, there are no conclusions of an independent philological examination in the case file. And the words "dullness", "unscrupulousness", "demagoguery" and "cowardice" cannot be called indecent or obscene, pulling on an "insult". The fact that Oleg Korolev perceived them this way is his personal problem.